Several federal agencies made significant changes to their rules and procedures implementing the National Environmental Policy Act (NEPA), which requires agencies to consider certain environmental effects of proposed actions before making a decision. See our NEPA overview.
The Department of the Interior, Department of Energy, Department of Defense, Department of Transportation, Department of Agriculture, Department of Commerce, and the Federal Energy Regulatory Commission published interim final rules amending their NEPA rules on July 3. In several cases, agencies withdrew in whole or in large part their existing NEPA regulations, and announced they will now use non-binding guidance.
In general, these new procedures reflect CEQ’s April 8 draft template, including potentially excluding more projects from NEPA review, limiting opportunities for public comment, making the publication of draft environmental impact statements optional, limiting the scope and types of environmental effects agencies are required to analyze, and encouraging the use of accelerated “emergency” procedures for certain projects. The new procedures also eliminate any mention of environmental justice, and bar agencies from conducting new research to complete their reviews.
In all cases, except FERC, these changes are effective immediately. Some agencies are accepting comments on these changes. Most comments are due on August 4, 2025:
- US Department of Agriculture published an interim final rule effective immediately on July 3, 2025 modifying and partially rescinding their NEPA rules. Comments due August 4, 2025. The agency’s updated NEPA procedures are included in the interim final rule.
- Department of Commerce announced new NEPA procedures under DAO 216-6 for bureaus that perform NEPA reviews. Commerce is not accepting comments on these changes. Separately, the National Oceanic and Atmospheric Administration (NOAA) updated its NEPA procedures, effective June 30, 2025, and proposed changes to its list of categorical exclusions (CEs). Comments on NOAA’s proposed CEs due July 31, 2025.
- Department of Defense announced the Army, Navy, and Air Force are rescinding their NEPA rules, effective immediately. Those rules were replaced by Department-wide guidance (DoD NEPA Procedures). The Army Corps of Engineers published a separate interim final rule partially rescinding its NEPA rules effective immediately on July 3, 2025. Comments due August 4, 2025. The Corps then published a second interim final rule with new NEPA rules, also effective immediately. Comments due August 4, 2025. Comments on the other rescissions must be submitted to each Department by August 4, 2025:
- Department of Energy (DOE) published an interim final rule effective immediately on July 3, 2025 partially rescinding their NEPA rules. Comments due August 4, 2025. DOE is now relying on agency guidance to implement NEPA. Updated DOE NEPA Policy and Compliance here.
- Department of the Interior published an interim final rule effective immediately (July 3, 2025) partially rescinding their NEPA rules. Comments due August 4, 2025. Interior is now relying on agency guidance to implement NEPA. Updated Interior NEPA procedures here.
- Department of Transportation published an interim final rule effective immediately on July 3, 2025 partially rescinding NEPA rules that apply to the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), and Federal Transit Administration (FTA). Comments due August 4, 2025. DOT separately issued new NEPA procedures under DOT Order 5610.1C, with comments also due August 4, 2025. The Federal Aviation Administration (FAA) published separate NEPA procedures under Order 1050.1G, with comments due August 4, 2025.
- Federal Energy Regulatory Commission (FERC) published a final rule effective August 18, 2025 to revise its NEPA rules. FERC separately issued a staff manual outlining its revised NEPA procedures. There is no public comment period.